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APPLICATION FORM: <br />4. On page 6 of the application, under the Responsibilities as a Permittee, section #2 was not initialed. <br />Please re- submit a new and completed page 6. <br />A new page 6 is included in this response. <br />6.4 SPECIFIC EXHIBIT REQUIREMENTS — REGULAR 112 OPERATIONS <br />6.4.5 Exhibit E — Reclamation Plan <br />In the Application, within Exhibit E Reclamation Plan, it is stated that the reclamation plan remains <br />unchanged from what was approved in 1989. As discussed during the pre - operational inspection, this plan <br />will need to be updated to meet the Division's current standards, policies, and Rules. <br />All pit sides will be put to 3:1 slopes. Stockpiled topsoil will be spread evenly over the entire disturbed <br />areas. As recommended by NRCS, a cover crop will be planted (3 -5 pounds per acre of sorghum or 5 -10 <br />pounds per acre of sudan). Optimum planting time is mid -June to mid -July. This should produce a cover <br />crop with an approximate height of 2 -3 feet. The recommended seeding will be planted between <br />November 1 and April 30 after the frost is out of the ground. <br />5. The Reclamation Plan calls for leaving a pond area which could collect rainfall to water livestock. Since <br />it appears that the site will retain storm water for more than 72 hours without releasing it to the natural <br />drainage, please provide documentation that the plan meets the requirement of Rule 3.1.6(1)(a), which is <br />to be in compliance with applicable Colorado water laws and regulations governing injury to existing water <br />right. Please contact the Division of Water Resources for more information. <br />The USGS Quad map in the application clearly shows that this site was originally a small, enclosed basin. <br />There was and is no outflow from this site. It is a dead -end drainage. The location of the pit has simply <br />enlarged the bottom of the enclosed basin. The site essentially serves as a natural infiltration area for <br />the underground aquifer below. As has been the practice for years on the plains of eastern Colorado, <br />land owners have watered livestock when rainfall caused areas in their pastures to pond. As the pit is <br />completed, it will continue to be an enclosed basin with the same characteristics. The Colorado Division <br />of Water Resources administrative approach for storm water management allows that there are areas <br />where rainfall will be concentrated and ultimately infiltrated to aquifers below. This process grants no <br />water right to the landowner. <br />6. Under the requirements of Rule 3.1.5(7), in all cases where a pond is produced as a portion of the <br />Reclamation Plan, all slopes ;shall be no steeper than 2:1 (horizontal to vertical relation), except from 5 feet <br />above to 10 feet below the expected water line where slopes shall be no steeper than 3:1. Since the water <br />level is variable (not static), please commit to reclaiming all of the pit's slopes to no steeper than 3:1. <br />The county will commit to reclaiming all of the pit slopes to being no steeper than 3:1. <br />7. The proposed reclamation seed mixture is stated to be recommended. Please submit the <br />documentation that shows the Natural Resource Conservation Service (NRCS) recommends that this seed <br />mixture is still adequate for the proposed site and post mining land use or commit to a new seed mixture <br />based on new recommendations. <br />NRCS reviewed the old recommendation and has provided a revised recommendation which is attached. <br />